ANSWERS A+ GRADED
criminal law standard of proof
beyond a reasonable doubt
civil law standard of proof
preponderance of the evidence
statutes
Written laws made by the legislative branch
stare decisis
a reliance on past decisions or precedents to formulate decisions in new cases
case law
common law and statutory construction
regulations
laws passed by the executive branch
Commerce Clause
gives Congress the power to regulate commerce among the states, with foreign nations,
and among Indian tribes.
Due Process
Fifth and Fourteenth Amendments require that government act in all matters with
fairness at certain levels
Fourteenth Amendment
equal protection under the law
Fifth Amendment
just compensation, self incrimination (miranda warning)
Sixth Amendment
right to legal counsel and speedy trial
Fourth Amendment
search and seizure
Eighth Amendment
No cruel and unusual punishment
trial courts
determine questions of law and questions of fact
Appellate Courts
questions of law
Pleadings
Statements by the plaintiff and the defendant that detail the facts, charges, and
defenses of a case.
Civil Pleadings
complaint, counterclaim, motions, motion to dismiss, motion for summary judgement
discovery
A phase in the litigation process during which the opposing parties may obtain
information from each other and from third parties prior to trial.
Civil discovery methods